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WIMMER v. RENTAL SERVICE CORP.

No. 05-C-019-C.

366 F.Supp.2d 814 (2005)

Timothy WIMMER and Merry Wimmer, Plaintiffs, and Midwest Security Life Insurance Company, Plaintiff-Subrogee, v. RENTAL SERVICE CORPORATION, and Liberty Mutual Insurance Company, Defendants, and Rental Service Corporation, Liberty Mutual Insurance Company, Third-Party Plaintiffs, v. Rib Mountain Travel Center, LLP, and Capitol Indemnity Corporation, Third-Party Defendants.

United States District Court, W.D. Wisconsin.

April 28, 2005.

Attorney(s) appearing for the Case

Theodore Dorenkamp III, Minneapolis, MN, Mark P. Wendorff, Douglas J. Klingberg, Wausau, WI, for Defendants.

OPINION AND ORDER

CRABB, District Judge.

In this civil action, plaintiffs seek damages for injuries resulting from plaintiff Timothy Wimmer's operation of an aerial scissor lift rented from defendant Rental Service Corporation, a policy holder of Liberty Mutual Insurance Company. Alleging contributory negligence, defendants Rental Service Corporation and Liberty Mutual Insurance Company have filed a third-party complaint against (1) Rib Mountain Travel Center...

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